I would like to ask a professional lawyer to answer the question

Updated on society 2024-05-20
20 answers
  1. Anonymous users2024-02-11

    Hello. What you have to do is to contact the old woman as soon as possible, discuss compensation, and then ask the public security organs to release her.

    On the merits of the case, your brother is somewhere between the crime of intentional injury and the ordinary offense. The old woman can still come to the door the next day, it can be seen that the injuries are between minor injuries and minor injuries, at this time there is a lot of discretion, and if she immediately apologizes and compensates for the loss, the procuratorate will not treat him as a crime, but will only fine and detain him. (Your brother has been detained for a month, so he can be released directly).

    Relevant Laws. Article 234 of the Criminal Law provides that whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

    Article 43 of the Law on Public Security Administration Punishments provides that anyone who assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

  2. Anonymous users2024-02-10

    If the injury is minor enough, the criminal offense is less than three years, and the punishment can be mitigated or mitigated if the other party is forgiven and forgiven.

    Generally speaking, if you have compensation in place, you will be fine. However, a case has been filed, and criminal punishment is inevitable.

    Negotiate a settlement, there is still room for bargaining, if you don't compensate, I'm afraid you will have to be punished, your brother's matter is not serious, the actual sentence is about a year, if the actual punishment is true, it will be difficult for his family to get compensation.

  3. Anonymous users2024-02-09

    Hello: It is recommended to actively compensate in accordance with the law, seek the victim's forgiveness, and then apply for release on bail pending trial.

  4. Anonymous users2024-02-08

    Hello, your brother's case is an intentional injury that may constitute a criminal offence.

  5. Anonymous users2024-02-07

    1. Whether you are in breach of contract depends on the agreement of your rental contract, and it is recommended that you study the detailed terms of the rental contract in detail.

    2. The problem of the faucet depends on the specific situation, if it is serious enough to affect the occupancy, it may constitute a condition for terminating the contract, but who is responsible should be specifically analyzed: if the faucet is broken before you move in, then the intermediary conceals the situation, the responsibility lies with the intermediary, and the way of breach of contract is the other party, not you.

    3. Have you reflected the problem in a timely manner, negotiated a solution, and whether there is evidence to prove it, such as the reaction of the people downstairs, if you have reported the water leakage before you move in, it is obvious that the fault party is in the intermediary.

    4. The general maintenance responsibility of the rental contract is as follows: the landlord shall bear the maintenance of unintentional damage (natural aging, accidents), and the maintenance liability for intentional damage shall be borne by the lessee. However, if you agree that the contract will be borne by the leasing party, and you have signed and agreed, then it will be according to your agreement.

    Good luck!

  6. Anonymous users2024-02-06

    Whether or not you are in breach of contract depends on your rental contract. In general, this situation does not constitute a fundamental breach of contract, and there is no need to terminate the contract. Repair the faucet and you'll be fine.

    The agent is responsible, but you should make the request at the time of check-in. Now, of course, it's up to the intermediary.

    It is recommended to repair the faucet and continue to rent. Two faucets are much cheaper than two months' rent.

  7. Anonymous users2024-02-05

    You are not in breach of contract, and the landlord (agent) has the obligation to repair the house;

    This thing is not a thing, **if it is broken, repair**, either they find someone to fix it, or you find someone to fix it and they give money!

  8. Anonymous users2024-02-04

    Resolution. 1. Bring the landlord and the agent together to negotiate and settle.

    2. Ask the local street committee or property management company to come out for mediation.

    3. If 1 and 2 fail, take the contract to the court, the cause of action is that the contract is fraudulent, and ask the court to make a judgment to revoke the contract.

    Note: In the rental contract, the house is not damaged by the tenant. The risk of other natural and external damage shall be borne by the lessor).

  9. Anonymous users2024-02-03

    Hello! According to your arguments, the legal problem you are facing now is to divide the family property, and now the problem is that your family members are now unable to reach an agreement on the family property.

    According to what you said, it should be divided into family property and living together with family property, which is generally divided equally, but it is necessary to distinguish the proportion of family members' contribution to family property, and generally children have the ability to work after the age of 16 before they contribute to family property and enjoy the right to distribute family property.

    If you are not a family living together on family property, then it is best to enter into a family property division agreement.

  10. Anonymous users2024-02-02

    Your mother is right, the joint property of the husband and wife is half and half, and then it is the question of inheritance, you have the right to inherit your father's estate. The biological mother of your two elder brothers died more than 20 years ago, which shows that they and your mother are not adoptive mothers and children, so your brother's reference is unreasonable.

  11. Anonymous users2024-02-01

    Based on your circumstances, I assume that he should not have fulfilled his duty to support your parents, so you do not need to fulfill your obligation to support him.

    He has no right to go back to your father's house to live in it unless he has your father's permission. If he forcibly moves in, this situation is best resolved through negotiation, although you have the right to ask him to go out, but he is an old man after all, even if he invites the public security bureau to come, it will mainly be mediation, and will not use violent means. His son must have an obligation to maintain him, and if he lives with you, you have the right to demand maintenance from his son.

    In fact, there are many such relationships, generally when encountering this kind of thing, we do not advocate immediately severing the relationship, but to pay a one-time payment to the stepparents, as they accompany the old man through the last life of thanks, just like I encountered a case last month, the old man only accompanied for more than a year, and did not get married, and finally the deceased's children gave her 20,000 yuan, and the two sides were harmoniously separated.

  12. Anonymous users2024-01-31

    No, you don't! Unless this is a condition of succession as specified in the man's will

    The reasons are as follows: 1. "Whether the man's children should pay alimony to the woman after the man's death" should be the relationship between the stepmother and the stepchildren.

    2. The relationship between rights and obligations is consistent. During the marriage of stepparents, whether the stepparents have de facto "upbringing and education" of the stepchildren determines whether there is a corresponding relationship of rights and obligations between the two parties, and is also a key issue in handling this matter.

    3. In connection with the circumstances of this case, since the husband registered his marriage at the age of 85, his children should have already lived independently, and there would be no "rights and obligations between the stepmother and the stepchildren who were raised and educated by him", right?

  13. Anonymous users2024-01-30

    Article 27 of the Marriage Law of the People's Republic of China: There shall be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.

    Article 10 of the Inheritance Law of the People's Republic of China. The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

    According to the legal principle of reciprocity of rights and obligations, and according to the above-mentioned legal provisions, the relationship between stepparents and stepchildren is determined by whether there is a relationship of upbringing and education. If there is a relationship of upbringing and education, there is the right and obligation of inheritance and maintenance; On the contrary, if there is no relationship of upbringing and education, there is no right and obligation of inheritance and maintenance. In this case, there is no legal obligation to support the question of whether the man's children should pay maintenance to the woman after the man's death, but morally speaking, the woman and her father and wife have been together for the rest of their lives, and if the woman is really in difficulty in life, she should still be properly taken care of.

  14. Anonymous users2024-01-29

    Agree with the answer given upstairs, the key issue in this case is whether to inherit property and the relationship between morality and law.

    Good luck!

  15. Anonymous users2024-01-28

    There is no obligation to support without forming a dependency relationship. However, spouses have the right to inherit from each other.

  16. Anonymous users2024-01-27

    I am a lawyer in Shanghai. I am more sympathetic to the situation you said.

    1. If the property is purchased before marriage and the property certificate is registered without the woman's name, then whether there is a joint repayment of the loan after marriage? If the loan is repaid after marriage, the part of the loan repayment shall be the woman's share.

    If the loan is not repaid after marriage, it is not the woman's property, even if it is said that the man's parents gave them the purpose of marriage.

    2. The company's profits: (1) Ask a lawyer to go to the industrial and commercial bureau to obtain the company's business records, capital contribution shares, etc.

    3. Proof of debt: First, if it is a debt, there must be other evidence to prove the true existence of the debt.

    For example, the debt certificate was signed a few years ago. Then a judicial appraisal is required to prove that the time of payment is written later and is false. For example, how much money is paid, whether there is other evidence to prove what is owed, how the money is formed, and so on.

    Therefore, it is hoped that a local professional lawyer can be hired to conduct the lawsuit. If the woman does not know the debt, there is no reason for not repaying the money.

    4. If there is information such as the man's **, bank deposits, etc., I hope to ask the lawyer to apply for a court investigation order for inquiry.

  17. Anonymous users2024-01-26

    It is recommended to find a lawyer for detailed consultation, it is too troublesome to ask questions online.

  18. Anonymous users2024-01-25

    In the final analysis, it is a matter of proof, as long as any party has the ability to produce evidence, it will be supported by the court.

  19. Anonymous users2024-01-24

    What you describe is not very specific. For example, how many years have you been married? Is there a mortgage on the house? What is the profit of the company after marriage? And so on?

  20. Anonymous users2024-01-23

    1. If there is already a civil judgment attached to the criminal judgment at the time of the criminal judgment, the applicant may directly apply to the court enforcement bureau for enforcement;

    2. If there is no civil judgment attached to the criminal case, a civil lawsuit shall be filed with the court before applying to the court for enforcement;

    3. The key to enforcement is to provide clues about the other party's property, mainly including: bank account (if you can't provide it, you can apply to the court to check), real estate, **, cars and other valuable property.

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